Brooks v. Lundi et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/2017 ORDERING this matter is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ANTHONY BROOKS,

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No. 2:17-cv-1668 KJN P

Plaintiff,

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v.

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M. LUNDI, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915.

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The federal venue statute provides that a civil action “may be brought in (1) a judicial

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district in which any defendant resides, if all defendants are residents of the State in which the

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district is located, (2) a judicial district in which a substantial part of the events or omissions

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giving rise to the claim occurred, or a substantial part of property that is the subject of the action

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is situated, or (3) if there is no district in which an action may otherwise be brought as provided in

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this action, any judicial district in which any defendant is subject to the court’s personal

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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this case, the claim arose in San Mateo County, which is in the Northern District of
California. In addition, it appears that most defendants are located in the Northern District.
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Therefore, plaintiff’s claim should have been filed in the United States District Court for the

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Northern District of California. In the interest of justice, a federal court may transfer a complaint

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filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire,

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512 F.2d 918, 932 (D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Northern District of California.

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Dated: August 25, 2017

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broo1668.21

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